The listing was nothing like the photos. The host cancelled at the last minute. The place was filthy, unsafe, or missing key amenities. You opened a dispute through the platform and got partial credit, a polite refusal, or silence.
The legal context
Short-stay accommodation supplied to an Australian consumer by an Australian host is a service under the Australian Consumer Law (ACL). Section 18 prohibits misleading representations in the listing. Section 60 requires due care and skill. Section 61 requires fitness for purpose. The platform’s internal dispute outcome does not extinguish your statutory rights.
Common pushbacks and why they fail
- “Resolved through Airbnb’s resolution centre.” Platform processes are commercial, not legal; ACL rights survive them.
- “Photos were illustrative.” Misleading representations breach section 18 regardless of disclaimers.
- “You should have left earlier.” Mitigating loss is wise but not a precondition to a claim.
- “The host’s terms exclude refunds.” Host terms cannot override the ACL.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The Letter of Demand approach
The letter goes to the host directly (and can be cc’d to the platform). It identifies the booking, the misrepresentations or failures, the ACL sections engaged, the refund amount, and a 14-day deadline. It flags state Fair Trading and the relevant tribunal as the escalation path.
What Claim Done delivers
- Listing details, booking reference, dates and amount paid
- Specific failures with reference to advertised features
- Citation of ACL sections 18, 60 and 61
- Refund amount and 14-day deadline
- Sent to host (and platform if requested) for a flat $49
What to expect after
Hosts who depend on the platform for income often refund quickly once a formal letter is on the record. If not, escalate to your state Fair Trading body and file a small claim in NCAT, VCAT, QCAT or your state’s equivalent. Where the property is run as a business, registered short-stay regulations may apply additional pressure points.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.